The above-captioned matter was heard as a contested case on November 10, 1998, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

        After consideration of the entire record, the following facts are found and conclusions of law are reached:

        1. The respondents are public agencies within the meaning of § 1-18a(1), G.S.

        2. By letter dated September 18, 1998, the complainant requested a copy of the police report and radio transcriptions related to his arrest on October 4, 1997.

        3. Having been denied a copy of the requested records, the complainant appealed to the Commission by letter dated and filed September 18, 1998, alleging that the respondents thereby violated the Freedom of Information (FOI) Act.

        4. It is found that the transcriptions described in paragraph 2, above, do not exist; therefore, it is concluded that the respondents did not violate the FOI Act by failing to produce such records in response to the complainant’s request.

        5. It is further found that the police report requested by the complainant as described in paragraph 2, above, is a public record within the meaning of §1-19(a), G.S.

        6. Section 1-19(a), G.S., in relevant part states:

[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records….

        7. Moreover, §1-20b(a), G.S., provides in relevant part that:

[n]otwithstanding any provision of the general statutes to the contrary, and except as otherwise provided in this section, any record of the arrest of any person, other than a juvenile, except a record erased pursuant to chapter 961a, shall be a public record from the time of such arrest and shall be disclosed in accordance with the provisions of section 1-15 and subsection (a) of section 1-19, except that disclosure of data or information other than that set forth in subdivision (1) of subsection (b) of this section shall be subject to the provisions of subdivision (3) of subsection (b) of section 1-19….

        8. Section 1-20b(b), G. S., provides in relevant part that:

[f]or the purposes of this section, "record of the arrest" means (1) the name and address of the person arrested, the date, time and place of the arrest and the offense for which the person was arrested, and (2) at least one of the following, designated by the law enforcement agency: The arrest report, incident report, news release or other similar report of the arrest of a person.

        9. Section 1-19(b)(3), G.S., in relevant part, provides that a public agency need not disclose:

…records of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of (A) the identity of informants not otherwise known or the identity of witnesses not otherwise known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known, (B) signed statements of witnesses, (C) information to be used in a prospective law enforcement action if prejudicial to such action, (D) investigatory techniques not otherwise known to the general public, (E) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, (F) the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof or (G) uncorroborated allegations subject to destruction pursuant to section 1-20c…

        10. It is found that the respondents failed to prove that §1-19(b)(3), G.S., applies to exempt from mandatory disclosure the requested police report.

        11. Based upon the foregoing, it is concluded that the respondents violated §§1-19(a), 1-20b(a), and 1-20b(b), G.S., by denying the complainant a copy of the requested police report.

        The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

        1. Forthwith, the respondents shall provide the complainant with a copy of the requested police report.

        2. Henceforth, the respondents shall comply with the provisions of §§1-19(a), 1-20b(a), and 1-20b, G.S.

         Approved by Order of the Freedom of Information Commission at its regular meeting of April 14, 1999.

_________________________

Melanie R. Balfour

Acting Clerk of the Commission

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

Mike Jameson
PO Box 1563
Manchester, CT 06040
Chief of Police, Police Department,
Town of East Windsor; and Police
Department, Town of East Windsor
c/o Atty. Stephen T. Penny
Penny, Botticello, O’Brien & Higgins
202 West Center Street
Manchester, CT 06040

 __________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1998-283FD/mrb04151999